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Federal Register Highlights – 7/25/14

July 25, 2014

Unpublished, time-sensitive and proposed rules for July 25, 2014:

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Evergreen Point Floating Bridge (State Route 520) across Lake Washington at Seattle, WA. This deviation is necessary to accommodate the Seafair Air Show practice and event. This deviation allows the bridge to remain in the closed position to help minimize traffic congestion during the event. This deviation is effective from 9:45 a.m. on July 31, 2014 to 2:40 p.m. August 3, 2014.

TEMPORARY RULE: The Coast Guard is revising the current regulated navigation area (RNA) for the navigable waters of the Hudson River surrounding the Tappan Zee Bridge. First, the Coast Guard is establishing a new safety zone surrounding commercial mooring buoys installed for the ongoing Tappan Zee Bridge replacement project. The safety zone will prohibit all vessel traffic that could pose an imminent hazard to persons and vessels that will be transiting to and from the bridge site and maneuvering in close quarters between other construction vessels and large mooring buoys. Second, the Coast Guard is expanding the size of the current RNA and designating two areas within the RNA, the Eastern RNA and the Western RNA, based upon their respective locations in relation to the new safety zone. This rule is necessary to provide for the safety of life in the RNA and safety zone during the construction of the New NY Bridge and demolition of the existing Tappan Zee Bridge. This rule is effective without actual notice from July 25, 2014 until December 31, 2018.

TEMPORARY RULE: The Coast Guard announces that the Fleet Week Maritime Festival’s Pier 66 Safety Zone in Elliott Bay, WA will be in effect from 8 a.m. until 8 p.m. on July 30, 2014. In addition to enforcing the safety zone during the parade of ships and aerial demonstration, the safety zone will only be enforced thirty minutes prior and thirty minutes following the conclusion of the parade of ships and aerial demonstration. This action is necessary to promote safety on navigable waters. During the enforcement period, entry into, transit through, mooring, or anchoring within this zone is prohibited unless authorized by the Captain of the Port, Puget Sound or his designated representative. The regulations in 33 CFR 165.1330 will be in effect from 8 a.m. until 8 p.m. on July 30, 2014.

TEMPORARY RULE: The Coast Guard will enforce Seattle’s Seafair Fleet Week Moving Vessels Security Zones from 12:00 p.m. on July 29, 2014 through 6:00 p.m. on August 4, 2014. These security zones are necessary to help ensure the security of the vessels from sabotage or other subversive acts during Seafair Fleet Week Parade of Ships. The designated participating vessels are the HMCS BRANDON (NCSM 710), the HMCS YELLOWKNIFE (NCSM 706), and the USCGC MELLON (WHEC 717). During the enforcement period, no person or vessel may enter or remain in the security zones without the permission of the Captain of the Port, Puget Sound or his designated representative. The COTP has granted general permission for vessels to enter the outer 400 yards of the security zones as long as those vessels within the outer 400 yards of the security zones operate at the minimum speed necessary to maintain course unless required to maintain speed by the navigation rules. The regulations in 33 CFR 165.1333 will be enforced from 12:00 p.m. on July 29, 2014 through 6:00 p.m. on August 4, 2014, unless canceled sooner by the Captain of the Port, Puget Sound or his designated representative.

PROPOSED RULE: This document proposes to establish an exemption from the requirement of a tolerance for residues of various fragrance component substances (when used as inert ingredients) in antimicrobial pesticide formulations for use on food contact surfaces in public eating places, dairy processing equipment, and food processing equipment and utensils. Comments must be received on or before September 23, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Farm Credit Administration (FCA, Agency, us, our, or we) proposes to amend our regulations governing the eligibility of investments held by Farm Credit banks. We propose to strengthen these regulations by reinforcing that only high quality investments may be purchased and held. We also propose to revise these regulations to comply with section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act or DFA) by removing references to and requirements relating to credit ratings and substituting other appropriate standards of creditworthiness. The FCA also proposes to revise its regulatory approach to Farm Credit System (System) association investments in order to limit the type and amount of investments that an association may hold. The proposed rule also addresses investment and risk management practices at associations and funding bank supervision of association investments. You may send us comments by October 23, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Federal Energy Regulatory Commission (Commission) is proposing to amend its regulations governing market-based rates for public utilities pursuant to the Federal Power Act (FPA). The Commission is proposing to revise its current standards for market-based rates for sales of electric energy, capacity, and ancillary services to streamline certain aspects of its filing requirements to reduce the administrative burden on applicants and the Commission. The Commission seeks comment on the proposed revisions. In addition, the Commission provides some clarification regarding the standards for obtaining and retaining market-based rate authority. Comments are due September 23, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

PROPOSED RULE: The Grain Inspection, Packers and Stockyards Administration (GIPSA) is proposing to revise the U.S. Standards for Barley (barley standards) under the U.S. Grain Standards Act (USGSA) by revising the Definitions of Other Terms to remove Blue Malting barley and the reference to kernels with white aleurone layers. Further GIPSA will revise the standards to add the factors injured-by-mold and mold-damaged kernels. The proposal also recommends revisions to the grade and grade requirements for Two-rowed Malting Barley, Six-rowed Malting barley, and Six-rowed Blue Malting barley. These proposed changes will help to facilitate the marketing of barley. Comments must be received on or before September 23, 2014. (To submit comments, visit http://www.regulations.gov. Click here to be taken directly to the commenting page.)

TEMPORARY RULE: NMFS is closing the fisheries for commercial blacknose sharks and non-blacknose SCS in the Atlantic region. This action is necessary because the commercial landings of Atlantic blacknose sharks for the 2014 fishing season has exceeded 80 percent of the available commercial quota as of July 22, 2014. The commercial fisheries for blacknose sharks and Atlantic non-blacknose SCSs in the Atlantic region are closed effective 11:30 p.m. local time July 28, 2014 until the end of the 2014 fishing season on December 31, 2014, or until and if NMFS announces via a notice in the Federal Register that additional quota is available and the season is reopened.

TEMPORARY RULE: We, NMFS, are immediately closing the Pacific loggerhead conservation area, prohibiting fishing with large mesh drift gillnet (DGN) gear (>14 in mesh) off the coast of southern California east of 120° West meridian through August 31, 2014. This prohibition is based on the Assistant Administrator for Fisheries’ (AA) determination that El Nin˜o conditions are occurring off the coast of southern California. This action protects Endangered Species Act (ESA) listed loggerhead sea turtles (Caretta caretta), specifically the endangered North Pacific Ocean Distinct Population Segment. Large mesh DGN fishing vessels must cease fishing east of 120° west on publication of this document. Effective 12:01 a.m. Pacific Daylight Time (PDT) July 23, 2014 through 11:59 p.m., August 31, 2014.

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